In re E.C., D.C., and G.S.-1

Summary

The West Virginia Supreme Court of Appeals vacated a dispositional order terminating the father's parental rights because the circuit court failed to properly adjudicate him as an abusing or neglecting parent before proceeding to disposition. The Court held that this procedural failure constituted plain error affecting substantial rights and remanded for an adjudicatory hearing and further proceedings under applicable West Virginia law and rules.

Holdings

1. A circuit court may not proceed to dispositional alternatives, including termination of parental rights, until it conducts an adjudicatory hearing and determines from clear and convincing evidence whether the child is abused or neglected and whether the respondent is an abusing or neglecting parent.
2. The court may review the unpreserved issue under the plain-error doctrine, and the failure to adjudicate Father satisfied the plain-error standard because it was an error that was plain, affected substantial rights, and seriously affected the fairness, integrity, and public reputation of the proceedings.
3. When the statutory and rule-based process for disposing of cases involving children adjudicated as abused or neglected is substantially disregarded or frustrated, the resulting dispositional order must be vacated and the case remanded for compliance with that process and entry of an appropriate order.

Questions Presented

1. Whether the circuit court plainly erred by terminating Father's parental rights without first conducting an adjudicatory hearing and determining, based on clear and convincing evidence, that the children were abused or neglected and that Father was an abusing or neglecting parent.
2. Whether the dispositional order should be vacated and the case remanded for compliance with the statutory and procedural requirements governing child abuse and neglect proceedings.

Disposition

vacated